STATE OF FLORIDA, APPELLANT,
v.
TERRY BUTCHER, APPELLEE
STATE OF FLORIDA, APPELLANT,
TERRY BUTCHER, APPELLEE
631 So. 2d 1139
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
We reverse the trial court’s order which dismissed the escape charge filed by the state against Terry Butcher based on the authority of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992). See B.M. v. State, 625 So. 2d 956 (Fla. 5th DCA 1993), rev. granted, Case No. 82,667 (Fla. Jan. 19,1994); D.F. v. State, 623 So. 2d 867 (Fla. 5th DCA 1993), rev. granted, 632 So. 2d 1025 (Fla.1994); B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993).
REVERSED.
DAUKSCH, COBB and GRIFFIN, JJ., concur.
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Ellis v. State, 826 So. 2d 488 (Fla. 5th DCA 2002)…ery, with the first two counts to run consecutively and the third count concurrent. Ellis again appealed and the life sentence for aggravated battery with a deadly weapon was reversed, and the original 30 year sentence reimposed. See Ellis v. State, 631 So. 2d 1139 (Fla. 5th DCA 1994). Ellis then filed a Rule 3.800(a) motion, arguing that his consecutive habitual offender sentences were illegal, because the offenses were part of a single criminal episode. The trial court denied the motion, holding that the pr…
Authorities Cited
- B.H. v. State, 622 So. 2d 615 (Fla. 5th DCA 1993)
- In the Interest of B.H. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- In the Interest of D.P. v. State, 597 So. 2d 952 (Fla. 1st DCA 1992)
- B.M. v. State, 625 So. 2d 956 (Fla. 5th DCA 1993)
- Zito v. State, 623 So. 2d 867 (Fla. 4th DCA 1993)
- D.F. v. State, 623 So. 2d 867 (Fla. 5th DCA 1993)